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enchantmentsart Feather Heart Creations
TX
Posts: 419

I'm not sure if any info has been posted about this or not yet, and I know it will not effect too many of us (or lets hope not) but there is a new law coming.

The issue:
In 2007, large toy manufacturers who outsource their production to China and other developing countries violated the public's trust. They were selling toys with dangerously high lead content, toys with unsafe small part, toys with improperly secured and easily swallowed small magnets, and toys made from chemicals that made kids sick.  Almost every problem toy in 2007 was made in China.

The United States Congress rightly recognized that the Consumer Products Safety Commission (CPSC) lacked the authority and staffing to prevent dangerous toys from being imported into the US. So, they passed the Consumer Product Safety Improvement Act (CPSIA) in August, 2008.  Among other things, the CPSIA bans lead and phthalates in toys, mandates third-party testing and certification for all toys and requires toy makers to permanently label each toy with a date and batch number. 

All of these changes will be fairly easy for large, multinational toy manufacturers to comply with. Large manufacturers who make thousands of units of each toy have very little incremental cost to pay for testing and update their molds to include batch labels. 

For small American, Canadian, and European toymakers, however, the costs of mandatory testing will likely drive them out of business.


The big problem is if you make anything for kids 12 and under you would need to have that item tested before it could be sold!  I don't make that many things for kids but every now & then I make felt animals that are kids safe or fleece animals.  And if someone orders a needle felted plush I guess I have to say "don't give it to anyone under the age of 12"? 

I'm worried about this law because, artist bears in some cases still fall under "toys"
http://www.handmadetoyalliance.org/

Here is a link to a petition you can sign and were you can send e-mails & help

http://www.etsy.com/forums_thread.php?t … panel=true

Did you know that by FEB 9,2009, if any of your products can be used by children 12 years old or younger that you will need to get CPSIA certified testing on the content of your materials to make sure the lead and phthalates levels fall below the CPSC new standards and have labeling with the lab testing certication # and specific batch code attached to each of the products? This testing startes at around $300 per batch. A batch is considered to be a group of a single product that all where made using the same material material lot. In other words if you knit several hats and the yarn used in each has a different production code or dye lot or from different manufactors, even when they look identical, then each single hat is a batch.

The more of us that take action, the faster we can get the CPSC to ammend the law or at least postpone the compliance deadline.

Daphne Back Road Bears
Laconia, NH USA
Posts: 6,568

I just came here to post about this very thing as there was an article in today's paper about it... a very negative article.

Not sure how our 'collectible, not safe for children' bears would be perceived by the CPSC.

Scratching head........... will go see whats been discussed on Etsy as this is all new news to me.

http://www.wspa.com/spa/news/local/arti … ting/12561
This is an article that shows other small-time crafters and even plush/fiber crafters are just as confused and CPSC has no specifics to clarify the issue.....yet.
"there could be room for an exemption for testing some products made from untreated wood or natural fibers " This would cover the OUTSIDE of our bears... not the inside.

shantell Apple Dumpling Designs
Willamette Valley Oregon
Posts: 3,128

Here's another (brief) post on this topic...

http://www.teddy-talk.com/viewtopic.php?id=28021

I scanned through the Etsy discussion and it seems like ANYTHING can be perceived as "to be used by children under 12" whether intended for a child or not.    bear_wacko 

Thanks for posting this information.  I'm going to read more on this and I'll post anything I find of interest.

carsoncreations Carson Creations
Macomb, IL
Posts: 252
Website

Just saw an article in the Wall Street Journal dated 1-14-09 entitled "Pelosi's Toy Story" about this very thing.

It says "Responding to the uproar, CPSC has issued a rule-making notice that would exempt natural materials from having to be certified as lead-free .... but it will need to go further to avoid an economic trainwreck in February.   The real responsibility lies with Congress, which rushed through "kid-friendly" crowd-pleaser legislation without considering the consequences."

Since the mohair we all use is a natural product, there might be hope, but what about the glass eyes, joints, cotterpins, etc.

Sounds like someone jumped the gun without thinking things through ... a typical government move.

Where's the petition ... I want to sign ????


Wanda

Daphne Back Road Bears
Laconia, NH USA
Posts: 6,568

Just found this site: http://www.handmadetoyalliance.org/Home … -the-cpsia
On it is a link to this petition - it's very good and addresses some concerns we as bear artists have. It was sent on behalf of many industry related groups: http://978876685067340663-a-18027447737 … aPDGcxk%3D
And this letter was also sent by the Handmade Toy Alliance and addresses natural materials: http://www.handmadetoyalliance.org/Home … -the-cpsia

Just don't know if our bears as collectibles even fall under all this or not. If we put on the label/hang tag that they aren't safe for children under 12 would we be covered?

Sheryl Tuckerbears
Colorado Springs, CO
Posts: 183

I don't understand how this would effect us. We make collector animals, NOT intended for children. What I read is for those items made specifically for kids? Maybe I am missing something?

Daphne Back Road Bears
Laconia, NH USA
Posts: 6,568

Good News (I think??)
On CPSC's FAQs page I found this:

Definition of Children's Product

What is the definition of a children's product and how will the age cutoffs be determined?
A "children’s product" means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors will be considered:

A statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable.

Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.

Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.

The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.

enchantmentsart Feather Heart Creations
TX
Posts: 419

FAQ:
What is the definition of a children's product and how will the age cutoffs be determined?
* A “children’s product† means a consumer product designed or intended primarily for children 12 years of age or younger. In determining whether a consumer product is primarily intended for a child 12 years of age or younger, the following factors will be considered:
* A statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable.
* Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by children 12 years of age or younger.
* Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
* The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines

Hope this helps, I'm worried about the bears I DO make for kids, I also make a line of felt and fleece bears that are kids safe & sale them mostly at shows & the number one buyer are kids between the ages of 5 and 10 years old.  So I would have to stop making these plush altogether I guess.  Also the age determination guidelines issued by the CPSC states things that the public "sees" as made for kids will be included  bear_wacko so that means I can't make needle felted poke-a-mon because it's "seen" as a kids cartoon even though the needle felted "sculptures" are collectables.  What the public "sees" as being made for kids or a kids item is so large that I can't see how this law as it's written right  now can work. Someone could come along that's not a bear collector & say "well in my eyes teddy bears are for kids" so then what happens? again this law is very badly written  bear_wacko

EvaJ EJ's Crafts
Fort Mohave, Arizona
Posts: 829

I know most of the people on this forum make collectibles but I have always made bears and other things geared for children.  This new law has been a worry.  I have read article after article on this law plus several websites and forums who are talking about it.  I will have to change what I have been saying on my website and am in the process of getting rid of part of my line of products.  From what I can gleam from all the talk is that the government will not be going after the small crafter or artist.  They have already exempted some things and businesses and I think they will be expanding on this.  They say they don't have the testing areas or the manpower to police this law.  Congress was afraid of the lead in products and without thinking it through they passed a blanket law and now have to amend it.  It is still in the wait and see mode, so we will just have to see what they finally come up with.

enchantmentsart Feather Heart Creations
TX
Posts: 419

Yeah now they are saying if you make under 500 of anyone item you will be excluded from the law, which is great for one-of-a-kind items so that's hopeful for artist but that's still under work & still not part of the law. bear_sad

pandamac 'EmBears
Northern New York State
Posts: 917
Website

As a person who uses synthetic furs and makes most everything for children, this definately has me worried. I signed the petition, wrote to my Congree people and no other new to add. I did talk with the local Small Business Administration and asked about this. She was going to contact their library to do research. Hopefully I will be hearing from her soon as to what effect this will have on the small businesses...................

I will submit a post once I hear! Meanwhile, I will continue to advertise and do my Teddy Bear Workshops for kids!

pandamac

Tami E Tami Eveslage Original Teddy Bears
Milford Ohio
Posts: 2,367
Daphne wrote:

Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.

.

Daphne, this is the piece of it that worries me. Teddy Bears (and soft dolls) are most certainly "commonly recognized" by most people as a toy for children.  The other wording does seem to exempt us, but this phrase...

Daphne Back Road Bears
Laconia, NH USA
Posts: 6,568

Tami, I hear ya!!! Concerns me too!

pandamac 'EmBears
Northern New York State
Posts: 917
Website

Well, I finally heard back from the Small Business Administration. Still no 'good' answers, but I do understand that the law has been delayed. People "in the know" can't seem to get responses about the law and who/what/where/when it affects any easier than any one else! I was sent this article link......it was interesting to read especially hearing the frustration of others. Guess we will still have to wait and see!

http://www.metroland.net/back_issues/vo … tures.html
http://www.cpsc.gov/ABOUT/Cpsia/cpsia.HTML
http://www.libology.com/blog/2009/01/09 … aries.html

So, some things to read to see if it makes the law any clearer! Good luck!

Ellen

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